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Post by catmandan on Mar 19, 2008 11:48:49 GMT -5
If you are fishing from an anchored boat in public water, is the "driver" subject to OWI if they exceed the . 08 limit, even though your anchored? How about if they are still under the legal limit, does an open container law apply then? Thanks.
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Post by buster on Mar 23, 2008 22:49:22 GMT -5
Great question! First of all, there is no 'open container' law in IN in regards to boating/operating a motorboat. Even the driver can enjoy a cold beverage while operating, as long as he/she is not over 0.08% BAC. If you are not under power of a motor, you cannot be arrested for operating a motorboat while intoxicated. One of the required KEY ELEMENTS of the offense is operating. HOWEVER, you could be subject to arrest for public intoxication.
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